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Local Government and Public Involvement in Health Act 2007

Type Public General Act

Publication 2007-10-30

Last updated 2024-03-21

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(a) by virtue of subsection (1)(b) of section 19 of the Police and Justice Act 2006 (local authority scrutiny crime and disorder matters), or

(b) by virtue of subsection (3)(a) of that section.

(4) In subsection (2) references to making reports or recommendations to a local authority include, in the case of a local authority operating executive arrangements under Part 2 of the Local Government Act 2000, making reports or recommendations to its executive.

(5) Regulations under this section may in particular—

(a) provide for arrangements to be made only in circumstances, or subject to conditions or limitations, specified in the regulations;

(b) in relation to joint overview and scrutiny committees, make provision applying, or corresponding to, any provision of—

(i) section 21(4) and (6) to (12) of the Local Government Act 2000,

(ii) sections 21A to 21D of that Act, or

(iii) section 246 of, and Schedule 17 to, the National Health Service Act 2006,

with or without modifications;

(c) make provision as to information which an associated authority of any appointing authority must provide, or may not disclose, to a joint overview and scrutiny committee (or, if the regulations make provision for the appointment of sub-committees of such a committee, to such a sub-committee).

(6) In subsection (5)(c) “associated authority”, in relation to any appointing authority, means—

(a) in the case of an appointing authority which is a non-unitary district council—

(i) the related county council, and

(ii) any person who is a partner authority in relation to the related county council;

(b) in the case of any other appointing authority, any person who is a partner authority in relation to the appointing authority.

(7) In subsection (6) “partner authority” has the same meaning as in Chapter 1 of this Part except that it does not include a local policing body or a chief officer of police.

(8) Regulations under this section may not make provision of a kind mentioned in subsection (5)(c) with respect to information in respect of which provision may be made in exercise of the power conferred by section 20(5)(c) or (d) of the Police and Justice Act 2006 (guidance and regulations regarding crime and disorder matters).

(9) Any local authority and any joint overview and scrutiny committee must, in exercising or deciding whether to exercise any function conferred on it by or under this section, have regard to any guidance issued by the Secretary of State.

(10) In this section—

“local authority” has the same meaning as in Part 2 of the Local Government Act 2000;

“non-unitary district council” means a district council for a district in a county for which there is a county council (and the “related county council”, in relation to a non-unitary district council, means that county council).

Overview and scrutiny committees of district councils: local improvement targets

124

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Guidance

125

In section 21 of the Local Government Act 2000 (overview and scrutiny committees: authorities operating executive arrangements), at the end insert—

(16) In exercising, or deciding whether to exercise, any of its functions— (a) an overview and scrutiny committee of a local authority in England, or a sub-committee of such a committee, must have regard to any guidance for the time being issued by the Secretary of State; and (b) an overview and scrutiny committee of a local authority in Wales, or a sub-committee of such a committee, must have regard to any guidance for the time being issued by the Welsh Ministers. (17) Guidance under subsection (16) may make different provision for different cases or for different descriptions of committee or sub-committee.

Reference of local crime and disorder matters to crime and disorder committees etc

126

(1) The Police and Justice Act 2006 (c. 48) is amended as follows.

(2) In section 19 (local authority scrutiny of crime and disorder matters), for subsections (3) to (8) substitute—

(3) A local authority must— (a) ensure that its crime and disorder committee has power (whether by virtue of section 21(2) of the Local Government Act 2000 or regulations made under section 32(3) of that Act or otherwise) to make a report or recommendations to the local authority with respect to any matter which is a local crime and disorder matter in relation to a member of the authority, and (b) make arrangements which enable any member of the authority who is not a member of the crime and disorder committee to refer any local crime and disorder matter to the committee. (4) For the purposes of subsection (3)(b), arrangements enable a person to refer a matter to a committee if they enable him to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee. (5) Subsections (6) and (7) apply where a local crime and disorder matter is referred to a crime and disorder committee by a member of a local authority in accordance with arrangements made under subsection (3)(b). (6) In considering whether or not to make a report or recommendations to the local authority in relation to the matter, the committee may have regard to— (a) any powers which the member may exercise in relation to the matter by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England), and (b) any representations made by the member as to why it would be appropriate for the committee to exercise any power which it has by virtue of subsection (3)(a) in relation to the matter. (7) If the committee decides not to make a report or recommendations to the local authority in relation to the matter, it must notify the member of— (a) its decision, and (b) the reasons for it. (8) Where a crime and disorder committee of a local authority makes a report or recommendations to the authority by virtue of subsection (3)(a), it must— (a) provide a copy of the report or recommendations to any member of the authority who referred the local crime and disorder matter in question to the committee in accordance with arrangements made under subsection (3)(b), and (b) provide a copy of the report or recommendations to such of— (i) the responsible authorities, and (ii) the co-operating persons and bodies, as it thinks appropriate. (8A) Subsection (8B) applies where the crime and disorder committee of a local authority— (a) makes a report or recommendations to the authority by virtue of subsection (3)(a), or (b) provides a copy of a report or recommendations under subsection (2) or (8)(b). (8B) Where this subsection applies— (a) the crime and disorder committee must notify the authority, body or person to whom it makes the report or recommendations or provides the copy that paragraph (b) applies, and (b) the authority, body or person must— (i) consider the report or recommendations; (ii) respond to the committee indicating what (if any) action it proposes to take; (iii) have regard to the report or recommendations in exercising its functions.

(3) In subsection (9)(b), for “subsection (1)(b) or (6)” substitute “ this section ”.

(4) In subsection (11)—

(a) after the definition of “crime and disorder functions” insert— “ electoral area” has the meaning given by section 203(1) of the Representation of the People Act 1983; ”, and

(b) for the definition of “local crime and disorder matter” substitute—

local crime and disorder matter”, in relation to a member of a local authority, means a matter concerning— (a) crime and disorder (including in particular forms of crime and disorder that involve anti-social behaviour or other behaviour adversely affecting the local environment), or (b) the misuse of drugs, alcohol and other substances, which affects all or part of the electoral area for which the member is elected or any person who lives or works in that area.

(5) Section 20 (guidance and regulations regarding crime and disorder matters) is amended as follows.

(6) In subsections (1) and (2), after “under” insert “ or by virtue of ”.

(7) In subsection (5), omit—

(a) paragraph (f); and

(b) sub-paragraphs (i) to (iii) of paragraph (g).

Overview and scrutiny committees: consequential amendments

127

(1) In section 21 of the Local Government Act 2000 (c. 22) (overview and scrutiny committees)—

(a) in subsection (2), after “their overview and scrutiny committees” insert “ , and any joint overview and scrutiny committees, ”;

(b) after that subsection insert—

(2A) In subsection (2), “joint overview and scrutiny committee”, in relation to a local authority (“the authority concerned”), means— (a) a joint overview and scrutiny committee within the meaning given in subsection (2)(a) of section 245 of the National Health Service Act 2006 appointed by the authority concerned and one or more other local authorities, (b) an overview and scrutiny committee of another local authority exercising relevant functions (within the meaning given in subsection (1) of that section) of the authority concerned by virtue of arrangements made under regulations under subsection (2)(b) of that section, (c) a joint overview and scrutiny committee within the meaning given in subsection (2)(a) of section 185 of the National Health Service (Wales) Act 2006 appointed by the authority concerned and one or more other local authorities, (d) an overview and scrutiny committee of another local authority exercising relevant functions (within the meaning given in subsection (1) of that section) of the authority concerned by virtue of arrangements made under regulations under subsection (2)(b) of that section, or (e) a joint overview and scrutiny committee within the meaning of section 123 of the Local Government and Public Involvement in Health Act 2007 (joint overview and scrutiny committees: local improvement targets) appointed by a group of partner authorities (within the meaning of that section) which includes the authority concerned.

;

(i) after “this section” insert “ , sections 21A to 21C ”; and

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) omit subsection (8).

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In section 245(3)(b) of the National Health Service Act 2006 (c. 41) (joint overview and scrutiny committees etc)—

(a) in sub-paragraph (i), for “(15)” substitute “ (17) ”; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In section 185(3)(b) of the National Health Service (Wales) Act 2006 (c. 42) (joint overview and scrutiny committees etc)—

(a) in sub-paragraph (i), for “(15)” substitute “ (17) ”; and

(b) after that sub-paragraph insert—

(ia) section 21A(1)(a) or (b) or (2) of that Act,

Transitional provision

128

(1) Section 33E of the Local Government Act 2000 (c. 22) (proposals for change in governance arrangements) (which is inserted by section 64) applies (in addition to the cases mentioned in subsection (1) of that section) to a local authority which—

(a) by virtue of the coming into force of any provision of this Chapter is required to vary its executive arrangements; or

(b) by virtue of the coming into force of any provision of regulations made under section 32 of that Act (alternative arrangements) by virtue of any provision of this Chapter is required to vary its alternative arrangements.

(2) In this section, “alternative arrangements”, “executive arrangements” and “local authority” have the same meanings as in Part 2 of the Local Government Act 2000.

Part 6 — Byelaws

Alternative procedure for byelaws

129

(1) The Local Government Act 1972 (c. 70) is amended as follows.

(2) In section 236 (procedure for byelaws), in subsection (2) (byelaws to which the section does not apply), after “apply to” insert—

(a) byelaws of a class prescribed by regulations under section 236A, or (b)

(3) After section 236 insert—

(236A) (1) The Secretary of State may, in relation to England, by regulations— (a) prescribe classes of byelaws to which section 236 does not apply, and (b) make provision about the procedure for the making and coming into force of such byelaws. (2) The regulations may prescribe a class of byelaws by reference, in particular, to one or more of the following— (a) the enactment under which byelaws are made, (b) the subject-matter of byelaws, (c) the authority by whom byelaws are made, (d) the authority or person by whom byelaws are confirmed. (3) The regulations may, in particular, include provision about— (a) consultation to be undertaken before a byelaw is made, (b) publicising a byelaw after it is made. (4) The regulations may make— (a) such incidental, consequential, transitional or supplemental provision (including provision amending, repealing or revoking enactments) as the Secretary of State considers appropriate, and (b) different provision for different areas, including different provision for different localities and for different authorities. (5) Regulations may not be made under subsection (1) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

(4) In section 237 (offences against byelaws), after “applies” insert “ and byelaws of a class prescribed by regulations under section 236A ”.

Fixed penalties for breach of byelaws

130

(1) After section 237 of the Local Government Act 1972 (c. 70) insert—

(237A) (1) The Secretary of State may, in relation to England, by regulations prescribe classes of byelaws to which this section applies. (2) The regulations may prescribe a class of byelaws by reference, in particular, to one or more of the following— (a) the enactment under which byelaws are made, (b) the subject-matter of byelaws, (c) the authority by whom byelaws are made, (d) the authority or person by whom byelaws are confirmed. (3) Where— (a) an authorised officer of an authority which has made a byelaw to which this section applies has reason to believe that a person has committed an offence against the byelaw, or (b) an authorised officer of a parish council has reason to believe that a person has in its area committed an offence against a byelaw to which this section applies made by an authority other than the parish council, the officer may give that person a notice offering him the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty. (4) A fixed penalty notice under this section is payable to the authority whose officer gave the notice. (5) Where a person is given a notice under this section in respect of an offence— (a) no proceedings may be instituted for the offence before the end of the period of fourteen days following the date of the notice, and (b) he may not be convicted of the offence if he pays the fixed penalty before the end of that period. (6) A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence. (7) A notice under this section must also state— (a) the period during which, by virtue of subsection (5), proceedings will not be taken for the offence, (b) the amount of the fixed penalty, and (c) the person to whom and the address at which the fixed penalty may be paid. (8) Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (7)(c) at the address so mentioned. (9) Where a letter is sent in accordance with subsection (8) payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post. (10) The form of a notice under this section may be specified in regulations under subsection (1). (11) In any proceedings a certificate which— (a) purports to be signed on behalf of the chief finance officer of an authority, and (b) states that payment of a fixed penalty was or was not received by a date specified in the certificate, is evidence of the facts stated. (12) In this section— - “authorised officer”, in relation to an authority, means— 1. an employee of the authority who is authorised in writing by the authority for the purpose of giving notices under this section, 2. any person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform the function, and 3. any employee of such a person who is authorised in writing by the authority for the purpose of giving such notices, - “chief finance officer”, in relation to an authority, means the person having responsibility for the financial affairs of the authority. (13) Regulations under subsection (1) may prescribe conditions to be satisfied by a person before a parish council may authorise him in writing for the purpose of giving notices under this section. (237B) (1) The amount of a fixed penalty payable in pursuance of a notice under section 237A is— (a) the amount specified by the authority which made the byelaw, or (b) if no amount is so specified, £75. (2) An authority may specify different amounts in relation to different byelaws. (3) The Secretary of State may by regulations make provision in connection with the powers under subsections (1)(a) and (2). (4) Regulations under subsection (3) may, in particular— (a) require an amount specified under subsection (1)(a) to fall within a range prescribed in the regulations, (b) restrict the extent to which, and the circumstances in which, an authority can make provision under subsection (2). (5) The Secretary of State may by order substitute a different amount for the amount for the time being specified in subsection (1)(b). (237C) (1) If an authorised officer proposes to give a person a notice under section 237A, the officer may require the person to give him his name and address. (2) A person commits an offence if— (a) he fails to give his name and address when required to do so under subsection (1), or (b) he gives a false or inaccurate name or address in response to a requirement under that subsection. (3) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (4) In this section, “authorised officer” has the same meaning as in section 237A.

(2) After section 237E of the Local Government Act 1972 (c. 70) (as inserted by section 132) insert—

(237F) (1) Regulations under section 237A or 237B, and an order under section 237B, may make— (a) such incidental, consequential, transitional or supplemental provision (including provision amending, repealing or revoking enactments) as the Secretary of State considers appropriate, and (b) different provision for different areas, including different provision for different localities and for different authorities. (2) A statutory instrument containing— (a) regulations under section 237A or 237B which amend or repeal any provision of an Act, or (b) an order under section 237B which amends or repeals any provision of an Act, may not be made unless a draft of the instrument containing the regulations or order has been laid before, and approved by a resolution of, each House of Parliament. (3) Otherwise, a statutory instrument containing regulations under section 237A or 237B, or an order under section 237B, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Use of fixed penalty receipts

131

After section 237C of the Local Government Act 1972 (as inserted by section 130) insert—

(237D) (1) “Fixed penalty receipts” means amounts paid to an authority in pursuance of notices under section 237A. (2) The authority shall have regard to the desirability of using its fixed penalty receipts for the purpose of combating any relevant nuisance. (3) A “relevant nuisance” is a nuisance in the authority's area for the prevention of which any byelaw to which section 237A applies was made.

Guidance

132

After section 237D of the Local Government Act 1972 (c. 70) (as inserted by section 131) insert—

(237E) An authority which makes byelaws of a class prescribed by regulations under section 236A or 237A must have regard to any guidance issued by the Secretary of State about— (a) procedure for which provision is made by regulations under section 236A(1); (b) fixed penalties; (c) anything related to the matters mentioned in paragraph (a) or (b).

Community support officers etc

133

(1) The Police Reform Act 2002 (c. 30) is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In Schedule 5 (accredited persons)—

(a) in paragraph 1 (power to issue fixed penalty notices), after sub-paragraph (3) insert—

(3A) For the purposes of paragraph (f) of section 64A(1B) of the Police and Criminal Evidence Act 1984 (photographing of suspects in relation to fixed penalty offences) “relevant fixed penalty offence”, in relation to an accredited person, includes an offence under a relevant byelaw within the meaning of paragraph 1A(4) (and, accordingly, the reference in that paragraph (f) to paragraph 1 of this Schedule includes a reference to paragraph 1A of this Schedule).

;

(b) after paragraph 1 insert—

(1A) (1) This paragraph applies to an accredited person whose accreditation specifies that it applies to him. (2) The accreditation may specify that, in relation to that person, the application of sub-paragraph (3) is confined to one or more only (and not all) relevant byelaws, being in each case specified in the accreditation. (3) Where that person has reason to believe that an individual has committed an offence against a relevant byelaw at a place within the relevant police area, he may exercise the power of an authorised officer of an authority to give a notice under section 237A of the Local Government Act 1972 (fixed penalty notices in relation to offences against certain byelaws). (4) In this paragraph “relevant byelaw”, in relation to an accredited person, means a byelaw which— (a) falls within sub-paragraph (5); and (b) is specified or described in that person's accreditation as a byelaw he has been accredited to enforce under this paragraph. (5) A byelaw falls within this sub-paragraph if— (a) it is a byelaw to which section 237A of the Local Government Act 1972 applies (fixed penalty notices in relation to offences against certain byelaws); and (b) the chief officer of the police force for the relevant police area and the authority who made the byelaw have agreed to include it in a list of byelaws for the purposes of this sub-paragraph. (6) A list under sub-paragraph (5)(b) must be published by the chief officer in such a way as to bring it to the attention of members of the public in localities where the byelaws in the list apply. (7) The list may be amended from time to time by agreement between the chief officer and the authority, by adding byelaws to it or removing byelaws from it, and the amended list shall also be published by the chief officer as mentioned in sub-paragraph (6).

;

(c) in paragraph 2(3) (relevant offence for the purpose of the power to require giving of name and address), after paragraph (aa) insert—

(aza) an offence under a relevant byelaw within the meaning of paragraph 1A(4); or

;

(d) in paragraph 9ZA (photographing of persons given fixed penalty notices), after “paragraph 1(2)” insert “ or in exercise of the power mentioned in paragraph 1A(3) ”.

Revocation of byelaws

134

After section 236A of the Local Government Act 1972 (inserted by section 129) insert—

(236B) (1) This section applies to— (a) a local authority; (b) the Greater London Authority; (c) Transport for London; (d) a metropolitan county passenger transport authority. (2) Such an authority may make a byelaw under this section to revoke a byelaw made by the authority. (3) The power under subsection (2) may be exercised only where the authority has no other power to revoke the byelaw. (4) The confirming authority in relation to a byelaw made under this section shall be— (a) in relation to a byelaw made by a local authority in Wales, the Welsh Ministers; (b) in relation to any other byelaw, the Secretary of State. (5) The Secretary of State may, in relation to England, by order revoke any byelaw which appears to him to have become spent, obsolete or unnecessary. (6) The Welsh Ministers may, in relation to Wales, by order revoke any byelaw which appears to them to have become spent, obsolete or unnecessary. (7) An order under this section may make— (a) such incidental, consequential, transitional or supplemental provision (including provision amending, repealing or revoking enactments) as the person making the order considers appropriate, and (b) different provision for different areas, including different provision for different localities and for different authorities. (8) A statutory instrument containing an order under this section which amends or repeals any provision of an Act may not be made by the Secretary of State unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament. (9) Otherwise, a statutory instrument containing an order made by the Secretary of State under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. (10) A statutory instrument containing an order under this section which amends or repeals any provision of an Act may not be made by the Welsh Ministers unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, the National Assembly for Wales. (11) Otherwise, a statutory instrument containing an order made by the Welsh Ministers under this section shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Further amendments relating to byelaws

135

Schedule 6 (further amendments of the law relating to byelaws) has effect.

Part 7 — Best value

Best value authorities

Parish councils and community councils etc not to be best value authorities

136

(1) In section 1 of the Local Government Act 1999 (c. 27) (best value authorities)—

(a) in subsection (2) (definition of local authority in relation to England), in paragraph (a), for “, a London borough council, a parish council or a parish meeting of a parish which does not have a separate parish council” substitute “ or a London borough council ”;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in subsection (7) (definition of local authority in Wales), for “, county borough council or community council” substitute “ or county borough council ”.

(2) In section 2(2) of that Act (authorities to which best value duties may be extended), omit paragraph (a) (local precepting authorities).

(3) Schedule 7 (consequential amendments) has effect.

Duties of best value authorities

Guidance about general best value duty

137

In section 3 of the Local Government Act 1999 (c. 27) (best value authorities: general duty), for subsection (4) substitute—

(4) In deciding— (a) how to fulfil the duty arising under subsection (1), (b) who to consult under subsection (2), or (c) the form, content and timing of consultations under that subsection, an authority must have regard to any guidance issued by the Secretary of State.

Involvement of local representatives

138

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Abolition of performance indicators etc except for Welsh authorities

139

(1) Immediately before section 4 of the Local Government Act 1999 (c. 27) insert “ Duties: Welsh best value authorities ”.

(2) In section 4 of that Act (performance indicators and standards)—

(a) in subsection (1)(a), for “best value authority's” substitute “ Welsh best value authority's ”;

(b) in subsections (1)(b), (3)(a) and (4)(a), for “best value authorities” substitute “ Welsh best value authorities ”;

(3) In section 6 of that Act (performance plans), in subsection (1), for “best value authority” substitute “ Welsh best value authority ”.

Abolition of best value performance reviews

140

Omit section 5 of the Local Government Act 1999 (best value reviews).

Powers to modify enactments etc

141

(1) In section 16 of the Local Government Act 1999 (power to modify enactments obstructing compliance with best value duties and confer new powers), after subsection (3A) insert—

(3B) In exercising a power under this section, the Secretary of State must not make provision which has effect in relation to Wales unless he has consulted the Welsh Ministers. (3C) In exercising a power under this section, the Secretary of State— (a) must not make provision amending, or modifying or excluding the application of, Measures or Acts of the National Assembly for Wales without the consent of the National Assembly for Wales; (b) must not make provision amending, or modifying or excluding the application of, subordinate legislation made by the Welsh Ministers (or the National Assembly for Wales established under the Government of Wales Act 1998) without the consent of the Welsh Ministers. (3D) Subsection (3C) does not apply to the extent that the Secretary of State is making incidental or consequential provision.

(2) In section 97 of the Local Government Act 2003 (c. 26) (power to modify enactments in connection with charging or trading)—

(a) for subsection (7) substitute—

(7A) In exercising a power under subsection (1) or (2), the Secretary of State must not make provision which has effect in relation to Wales unless he has consulted the Welsh Ministers. (7B) In exercising a power under subsection (1) or (2), the Secretary of State— (a) must not amend, or repeal or disapply, Measures or Acts of the National Assembly for Wales without the consent of the National Assembly for Wales; (b) must not amend, or revoke or disapply, subordinate legislation made by the Welsh Ministers (or the National Assembly for Wales established under the Government of Wales Act 1998) without the consent of the Welsh Ministers. (7C) Subsection (7B) does not apply to the extent that the Secretary of State is making incidental or consequential provision.

;

(b) in subsection (8), for “National Assembly for Wales” substitute “ Welsh Ministers ”.

(3) In section 98 of that Act (procedure for orders under section 97), in subsection (2)—

(a) for “subsection (7)(a)” substitute “ subsection (7A) ”;

(b) in paragraph (d) for “National Assembly for Wales” substitute “ Welsh Ministers ”.

Power of Welsh Ministers to modify enactments obstructing best value etc

142

(1) In section 16 of the Local Government Act 1999 (c. 27) (power to modify enactments and confer new powers)—

(a) in the title, after “Power” insert “ of Secretary of State ”;

(b) after subsection (5) insert—

(6) In this section— (a) “enactment” includes subordinate legislation (within the meaning of section 21 of the Interpretation Act 1978); (b) references to a best value authority do not include a Welsh best value authority.

(2) After section 17 of that Act insert—

(17A) (1) If the Welsh Ministers think that an enactment prevents or obstructs compliance by Welsh best value authorities with the requirements of this Part they may by order make provision modifying or excluding the application of the enactment in relation to— (a) all Welsh best value authorities, (b) particular Welsh best value authorities, or (c) particular descriptions of Welsh best value authority. (2) The Welsh Ministers may by order make provision conferring on— (a) all Welsh best value authorities, (b) particular Welsh best value authorities, or (c) particular descriptions of Welsh best value authority, any power which they consider necessary or expedient to permit or facilitate compliance with the requirements of this Part. (3) An order under this section may— (a) impose conditions on the exercise of any power conferred by the order (including conditions about consultation or approval); (b) amend an enactment; (c) include consequential, incidental and transitional provision; (d) make different provision for different cases. (4) The power under subsection (3)(d) includes, in particular, power to make different provision in relation to different authorities or descriptions of authority. (5) An order under this section may not make a provision which, if it were a provision of a Measure of the National Assembly for Wales, would be outside the Assembly's legislative competence. (6) For the purposes of subsection (5), section 94(4) of the Government of Wales Act 2006 has effect as if paragraph (a) (matters within legislative competence) were omitted. (7) Subject to subsection (8), no order shall be made under this section unless a draft has been laid before, and approved by resolution of, the National Assembly for Wales. (8) An order under this section which is made only for the purpose of amending an earlier order under this section— (a) so as to extend the earlier order, or any provision of the earlier order, to a particular authority or to authorities of a particular description, or (b) so that the earlier order, or any provision of the earlier order, ceases to apply to a particular authority or to authorities of a particular description, shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales. (9) In exercising a power conferred under subsection (2) a Welsh best value authority shall have regard to any guidance issued by the Welsh Ministers. (10) In this section, “enactment” includes subordinate legislation (within the meaning of section 21 of the Interpretation Act 1978). (17B) (1) Before the Welsh Ministers make an order under section 17A they shall consult such authorities or persons as appear to them to be representative of interests affected by their proposals. (2) If, following consultation under subsection (1), the Welsh Ministers propose to make an order under section 17A they shall lay before the National Assembly for Wales a document explaining their proposals and, in particular— (a) setting them out in the form of a draft order, and (b) giving details of consultation under subsection (1). (3) Where a document relating to proposals is laid before the National Assembly for Wales under subsection (2), no draft of an order under section 17A to give effect to the proposals (with or without modification) shall be laid before the National Assembly for Wales until after the expiry of the period of sixty days beginning with the day on which the document was laid. (4) In calculating the period mentioned in subsection (3) no account shall be taken of any time during which the National Assembly is dissolved or is in recess for more than four days. (5) In preparing a draft order under section 17A the Welsh Ministers shall consider any representations made during the period mentioned in subsection (3) above. (6) A draft order laid before the National Assembly for Wales in accordance with section 17A(7) shall be accompanied by a statement of the Welsh Ministers giving details of— (a) any representations considered in accordance with subsection (5) above, and (b) any changes made to the proposals contained in the document laid before the National Assembly for Wales under subsection (2) above. (7) Nothing in this section applies to an order under section 17A which is made only for the purpose mentioned in section 17A(8).

(3) Until the commencement of section 144(1), in the provisions inserted by this section references to a Welsh best value authority have effect as if they were references to an authority which is a best value authority in Wales for the purposes of Part 1 of the Local Government Act 1999 (c. 27), other than a police authority for a police area in Wales.

Other

Grants to promote or facilitate exercise of functions by best value authorities

143

(1) In the Local Government Act 2003 (c. 26), after section 36 insert—

(36A) (1) A Minister of the Crown may pay a grant to a person for use in, or in connection with, promoting or facilitating the economic, efficient and effective exercise of functions by a best value authority or best value authorities. (2) The power to make a grant under this section is exercisable only with the consent of— (a) the Treasury, and (b) in the case of a grant in respect of the exercise of functions by a Welsh best value authority, the Welsh Ministers. (3) The power to pay a grant under this section does not include power to pay a grant to a best value authority. (4) The amount of a grant under this section, and the method of payment, are to be such as the Minister of the Crown may determine. (5) A grant under this section may be paid on such conditions as the Minister of the Crown may determine. (6) Conditions under subsection (5) may, in particular, include— (a) provision as to the use of the grant; (b) provision as to circumstances in which the whole or part of the grant must be repaid. (7) For the purposes of this section— - “best value authority” includes the Greater London Authority, whether exercising its functions through the Mayor or otherwise; - “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975; - “Welsh best value authority” means an authority which is a Welsh best value authority for the purposes of Part 1 of the Local Government Act 1999. (36B) (1) The Welsh Ministers may pay a grant to a person for use in, or in connection with, promoting or facilitating the economic, efficient and effective exercise of functions by a Welsh best value authority or Welsh best value authorities. (2) The power to pay a grant under this section does not include power to pay a grant to a best value authority. (3) The amount of a grant under this section, and the method of payment, are to be such as the Welsh Ministers may determine. (4) A grant under this section may be paid on such conditions as the Welsh Ministers may determine. (5) Conditions under subsection (4) may, in particular, include— (a) provision as to the use of the grant; (b) provision as to circumstances in which the whole or part of the grant must be repaid. (6) For the purposes of this section— - “best value authority” includes the Greater London Authority, whether exercising its functions through the Mayor or otherwise; - “Welsh best value authority” means an authority which is a Welsh best value authority for the purposes of Part 1 of the Local Government Act 1999.

(2) Until the commencement of section 144(1), the provisions inserted by this section have effect as if—

(a) the definition of “Welsh best value authority” were omitted; and

(b) references to a Welsh best value authority were references to an authority which is a best value authority in Wales for the purposes of Part 1 of the Local Government Act 1999 (c. 27), other than a police authority for a police area in Wales.

Best value: minor and consequential amendments

144

(1) In section 1 of the Local Government Act 1999 (best value authorities), in subsection (6) (best value authorities in Wales)—

(a) for “best value authority in Wales” substitute “ Welsh best value authority ”;

(b) omit paragraph (c) (police authority).

(2) Schedule 8 (minor and consequential amendments) has effect.

Part 8 — Local services: inspection and audit

Chapter 1 — Constitution of the Audit Commission

Membership

145

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Change of name

146

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 2 — Audit Commission and auditors: functions and procedure

Benefits inspections

Powers of the Audit Commission relating to benefits

147

(1) In section 13 of the Local Government Act 1999 (c. 27) (reports by Audit Commission relating to best value authorities), after subsection (4) insert—

(4A) If a report relates to any extent to the administration of housing benefit or council tax benefit and the Commission thinks fit to do so, it shall as soon as reasonably practicable send a copy of the report to the Secretary of State.

(2) In section 139D of the Social Security Administration Act 1992 (c. 5) (power of Secretary of State to give directions following report), in subsection (1), after paragraph (ba) insert—

(bb) a copy of a report has been sent to a local authority under subsection (3) of section 13 of the Local Government Act 1999 and to the Secretary of State under subsection (4A) of that section;

Benefit Fraud Inspectorate: transfers to the Audit Commission

148

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interaction with other authorities

Interaction of the Audit Commission with other authorities

149

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interaction of benefits inspectors with the Audit Commission

150

After section 139B of the Social Security Administration Act 1992 (c. 5) insert—

(139BA) (1) A person authorised under section 139A(1) must from time to time, or at such times as the Secretary of State may specify by order, prepare— (a) a document setting out what inspections of English authorities he proposes to carry out (an “inspection programme”); (b) a document setting out the way in which he proposes to carry out his functions of inspecting and reporting on such authorities (an “inspection framework”). (2) The person authorised under section 139A(1) must— (a) consult the Audit Commission before preparing an inspection programme or an inspection framework; and (b) once an inspection programme or inspection framework is prepared, send a copy of it to— (i) the Secretary of State; and (ii) the Audit Commission. (3) The Secretary of State may by order specify the form that inspection programmes or inspection frameworks must take. (4) A person authorised under section 139A(1)— (a) must co-operate with the Audit Commission, and (b) may act jointly with the Audit Commission, where it is appropriate to do so for the efficient and effective discharge of the person's functions in relation to English authorities. (5) In this section— - “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England; - “English authorities” means authorities administering housing benefit or council tax benefit in England; - “person” does not include the Audit Commission.

Inspections and audit

Powers of auditors and inspectors to obtain information

151

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In section 11 of the Local Government Act 1999 (c. 27) (inspectors' powers and duties in connection with best value inspections)—

(a) after subsection (1) insert—

(1A) The right conferred by subsection (1)(b) includes power to inspect, copy or take away the document.

;

(b) after subsection (2) insert—

(2A) In relation to a document kept in electronic form, the power in subsection (2)(b) to require a person to produce a document includes power to require it to be produced in a form in which it is legible and can be taken away. (2B) In connection with inspecting such a document, an inspector— (a) may obtain access to, and inspect and check the operation of, any computer and associated apparatus or material which he considers is or has been used in connection with the document; (b) may require a person within subsection (2C) to afford him such reasonable assistance as he may require for that purpose. (2C) A person is within this subsection if he is— (a) the person by whom or on whose behalf the computer is or has been used; or (b) a person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material.

;

(c) in subsection (5), after “reasonable excuse” insert “ obstructs the exercise of any power conferred by this section or ”.

Inspections of best value authorities

152

(1) Section 10 of the Local Government Act 1999 (inspections) is amended as follows.

(2) Before subsection (1) insert—

(A1) The Audit Commission may carry out an inspection of a best value authority's performance of its functions or of any particular function or functions.

(3) In subsection (1), after “may” insert “ , in particular, ”.

Studies and reports etc

National studies

153

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Studies at request of particular bodies

154

In the Audit Commission Act 1998, omit—

(a) section 35 (studies at request of bodies subject to audit);

(b) section 35A (studies for functional bodies at request of Greater London Authority).

155

(1) In section 40(1) of the Audit Commission Act 1998 (studies relating to registered social landlords), omit “(other than registered social landlords in Wales)”.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Omit section 42 of that Act (consultancy services relating to audit of accounts of registered social landlords).

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information about performance standards of local authorities etc

156

In the Audit Commission Act 1998 (c. 18), omit sections 44 to 47 (publication of information about standards of performance).

Reports on English local authorities

157

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reports categorising English local authorities

158

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous

Appointment of auditors

159

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inspection and disclosure of personal information

160

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right to make objections at audit

161

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of auditor to carry out agreed audits

162

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

163

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disclosure of information obtained by the Audit Commission or an auditor

164

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publication of information by the Audit Commission

165

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 3 — Auditor General for Wales and auditors

166

After section 145C of the Government of Wales Act 1998 (c. 38) insert—

(145D) (1) The Auditor General for Wales may, if he thinks it appropriate to do so, provide advice or assistance to a registered social landlord in Wales for the purpose of the exercise by the registered social landlord of its functions. (2) Advice or assistance under this section may be provided on such terms and conditions, including conditions as to payment, as the Auditor General for Wales thinks fit. (3) This section has effect without prejudice to paragraph 21 of Schedule 8 to the Government of Wales Act 2006 (arrangements between Auditor General for Wales and certain bodies). (4) In this section, “registered social landlord in Wales” means a body which is— (a) registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996, and (b) mentioned in any of paragraphs (a) to (c) of section 56(2) of that Act.

Disclosure of information obtained by the Auditor General for Wales or an auditor

167

(1) The Public Audit (Wales) Act 2004 (c. 23) is amended as follows.

(2) In section 54 of that Act (restriction on disclosure of information), after subsection (2) insert—

(2ZA) A person who is, or acts on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, may also disclose such information— (a) in accordance with section 145C(5) or (8) of the Government of Wales Act 1998; or (b) in any other circumstances, except where the disclosure would, or would be likely to, prejudice the effective performance of a function imposed or conferred on the person by or under an enactment. (2ZB) An auditor who does not fall within subsection (2ZA), or a person acting on his behalf, may also disclose such information except where the disclosure would, or would be likely to, prejudice the effective performance of a function imposed or conferred on the auditor by or under an enactment. (2ZC) A person who does not fall within subsection (2ZA) or (2ZB) may also disclose such information in accordance with consent given by the Auditor General for Wales or an auditor. (2ZD) Section 54ZA makes further provision about consent for the purposes of subsection (2ZC).

(3) Omit subsection (2A) of that section.

(4) In subsection (3) of that section, for “subsection (2)” substitute “ this section ”.

(5) In subsection (4) of that section—

(a) in paragraph (a), omit “to imprisonment for a term not exceeding six months or” and “or to both;”;

(b) omit paragraph (b).

(6) After that section insert—

(54ZA) (1) Consent for the purposes of section 54(2ZC) must be obtained in accordance with this section. (2) A person requesting consent (“the applicant”) must make a request for consent which— (a) is in writing, (b) states the name of the applicant and an address for correspondence, (c) describes the information in relation to which consent is requested, and (d) identifies the person to whom the information will be disclosed. (3) Consent must be given except where the disclosure would, or would be likely to, prejudice the effective performance of a function imposed or conferred on the Auditor General for Wales or an auditor by or under an enactment. (4) Consent may be given or refused orally or in writing; but where it is given or refused orally the consent or refusal must be confirmed in writing. (5) A refusal (or, where the refusal is oral, the confirmation of the refusal) must contain the reasons for the refusal. (6) A person to whom a request for consent is made must give or refuse consent not later than the twentieth working day following the day on which the request is received. (7) “Working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

(7) Omit section 54A of that Act (disclosure of information by or on behalf of public authorities).

(8) Nothing in this section has effect in relation to a disclosure made before the commencement of this section.

Part 9 — The Commission for Local Administration in England

Appointment and removal of Commissioners

168

(1) Section 23 of the Local Government Act 1974 (c. 7) (appointment and removal of Commissioners) is amended as follows.

(2) In subsection (4) (appointment of Commissioners) omit from “after consultation” to the end.

(3) After subsection (4) insert—

(4A) Subject to subsections (5) to (6), a Commissioner shall hold and vacate office in accordance with the terms of his appointment.

(4) For subsection (5) substitute—

(5) A Commissioner's appointment may be a full-time or part-time appointment and, with the Commissioner's consent, the terms of the appointment may be varied as to whether it is full-time or part-time. (5A) A Commissioner must be appointed for a period of not more than 7 years. (5B) A Commissioner shall, subject to subsection (6), hold office until the end of the period for which he is appointed.

(5) In subsection (6) (removal of Commissioners and obligation to vacate office at end of year in which Commissioner attains age of 65) omit from “, and shall in any case vacate office” to the end.

(6) After subsection (6) insert—

(6A) A person appointed to be a Commissioner is not eligible for re-appointment.

Responsibilities of Commissioners

169

(1) Section 23 of the Local Government Act 1974 (appointment and removal of Commissioners) is amended as follows.

(2) For subsections (8) and (9) (allocation of cases by geographic area) substitute—

(8A) The Commission must— (a) divide the matters which may be investigated under this Part of this Act into such categories as they consider appropriate, and (b) allocate, or make arrangements for allocating, responsibility for each category of matter to one or more of the Local Commissioners.

(3) In subsection (10)(a), for “to accept cases for which they are not responsible” substitute “ to deal with matters for which they do not have responsibility pursuant to subsection (8A) ”.

Annual reports

170

(1) Section 23A of the Local Government Act 1974 (c. 7) (annual reports) is amended as follows.

(2) In subsection (1), after “functions” insert “ (an “annual report”) ”.

(3) In subsection (2)—

(a) for “The report” substitute “ The annual report ”;

(b) for “their own report” substitute “ their annual report ”.

(4) In subsection (3), for “the report submitted by them under subsection (1) above” substitute “ the annual report ”.

(5) After subsection (3) insert—

(3A) The Commission must lay a copy of the annual report before Parliament.

(6) Omit subsections (4) and (5) (comments on Commission's annual report).

Power to investigate

171

Before section 25 of the Local Government Act 1974 insert—

(24A) (1) Under this Part of this Act, a Local Commissioner may investigate a matter— (a) which relates to action taken by or on behalf of an authority to which this Part of this Act applies, (b) which is subject to investigation under this Part of this Act by virtue of section 26, and (c) in relation to which subsection (2), (3) or (5) is satisfied. (2) This subsection is satisfied if, in relation to the matter, a complaint which satisfies sections 26A and 26B has been made to a Local Commissioner. (3) This subsection is satisfied if, in relation to the matter— (a) a complaint which satisfies sections 26A and 26B has been made to a member of an authority to which this Part of this Act applies, and (b) the complaint has been referred, or is treated as having been referred, to a Local Commissioner under section 26C. (4) Any question whether subsection (2) or (3) is satisfied in relation to a matter shall be determined by a Local Commissioner. (5) This subsection is satisfied if— (a) the matter has come to the attention of a Local Commissioner, and (b) section 26D applies to the matter. (6) In determining whether to initiate, continue or discontinue an investigation, a Local Commissioner shall, subject to the provisions of this section and sections 26 to 26D, act in accordance with his own discretion. (7) Without prejudice to the discretion conferred by subsection (6), a Local Commissioner may in particular decide— (a) not to investigate a matter, or (b) to discontinue an investigation of a matter, if he is satisfied with action which the authority concerned have taken or propose to take.

Authorities subject to investigation

172

(1) Section 25 of the Local Government Act 1974 (c. 7) (authorities subject to investigation) is amended as follows.

(2) In subsection (4), for paragraphs (b) and (c) substitute—

(b) to a committee or sub-committee of that authority (including a joint committee or joint sub-committee on which the authority are represented), and (for the avoidance of doubt) subsections (4ZA) to (5) apply for the purposes of this subsection.

(3) After subsection (4) insert—

(4ZA) Any reference to an authority to which this Part of this Act applies also includes, in the case of a local authority operating executive arrangements, the executive.

(4) In subsection (4A) (Greater London Authority), omit paragraphs (b) and (c).

(5) Omit subsection (4B) (sub-committees of the London Transport Users Committee).

(6) In subsection (5)—

(a) in paragraph (c), after “constituted” insert “ by the authority ”;

(b) in paragraph (d), after first “school” insert “ maintained by the authority ”;

(7) After subsection (5) insert—

(6) Subsection (7) has effect where an authority to which this Part of this Act applies exercise a function entirely or partly by means of an arrangement with another person. (7) For the purposes of this Part of this Act, action taken by or on behalf of the other person in carrying out the arrangement shall be treated as action taken— (a) on behalf of the authority, and (b) in the exercise of the authority's function. (8) Subsection (7) does not have effect where, by virtue of another enactment, the action would be treated as action taken by the authority.

Matters subject to investigation

173

(1) Section 26 of the Local Government Act 1974 (matters subject to investigation) is amended in accordance with subsections (2) and (3).

(2) For subsection (1) substitute—

(1) For the purposes of section 24A(1)(b), in relation to an authority to which this Part of this Act applies, the following matters are subject to investigation by a Local Commissioner under this Part of this Act— (a) alleged or apparent maladministration in connection with the exercise of the authority's administrative functions; (b) an alleged or apparent failure in a service which it was the authority's function to provide; (c) an alleged or apparent failure to provide such a service. (1A) Subsection (1) is subject to the following provisions of this section.

(3) Omit subsections (2) to (4) (procedure for making complaints).

(4) In Schedule 5 to that Act (matters not subject to investigation), for paragraph 3 substitute—

(3) (1) Action taken in matters relating to contractual or other commercial transactions of any authority to which Part 3 of this Act applies relating to— (a) the operation of public passenger transport; (b) the carrying on of a dock or harbour undertaking; (c) the provision of entertainment; (d) the provision and operation of industrial establishments; (e) the provision and operation of markets. (2) Sub-paragraph (1) does not include transactions for or relating to— (a) the acquisition or disposal of land; (b) the acquisition or disposal of moorings which are not moorings provided in connection with a dock or harbour undertaking. (3) Sub-paragraph (1)(a) does not include action taken by or on behalf of the London Transport Users Committee in operating a procedure for examining complaints or reviewing decisions. (4) Sub-paragraph (1)(e) does not include transactions relating to— (a) the grant, renewal or revocation of a licence to occupy a pitch or stall in a fair or market, or (b) the attachment of any condition to such a licence.

Complaints and matters coming to Commissioners' attention

174

(1) After section 26 of the Local Government Act 1974 (c. 7) insert—

(26A) (1) Under this Part of this Act, a complaint about a matter may only be made— (a) by a member of the public who claims to have sustained injustice in consequence of the matter, (b) by a person authorised in writing by such a member of the public to act on his behalf, or (c) in accordance with subsection (2). (2) Where a member of the public by whom a complaint about a matter might have been made under this Part of this Act has died or is otherwise unable to authorise a person to act on his behalf, the complaint may be made— (a) by his personal representative (if any), or (b) by a person who appears to a Local Commissioner to be suitable to represent him. (26B) (1) Subject to subsection (3), a complaint about a matter under this Part of this Act must be made— (a) in writing, and (b) before the end of the permitted period. (2) In subsection (1)(b), “the permitted period” means the period of 12 months beginning with— (a) the day on which the person affected first had notice of the matter, or (b) if the person affected has died without having notice of the matter— (i) the day on which the personal representatives of the person affected first had notice of the matter, or (ii) if earlier, the day on which the complainant first had notice of the matter. (3) A Local Commissioner may disapply either or both of the requirements in subsection (1)(a) and (b) in relation to a particular complaint. (26C) (1) This section applies where a complaint about a matter is made to a member of an authority to which this Part of this Act applies. (2) If the complainant consents, the complaint may be referred to a Local Commissioner by— (a) the member of the authority to whom the complaint was made, (b) any other member of that authority, or (c) a member of any other authority to which this Part of this Act applies which is alleged in the complaint to have taken or authorised the action complained of. (3) Subject to subsection (4), a referral under this section must be made in writing. (4) A Local Commissioner may disapply the requirement in subsection (3) in relation to a particular referral. (5) If a Local Commissioner is satisfied that the complainant asked a member of an authority mentioned in subsection (2) to refer the complaint to a Local Commissioner, he may treat the complaint as if it had been referred to him under this section. (6) In this section, references to a member of an authority include— (a) in relation to a National Park authority, a member of any of the councils by whom a local authority member of the authority is appointed; (b) in relation to a joint board, a member of any of the constituent authorities of the joint board; (c) in relation to a joint authority established by Part 4 of the Local Government Act 1985, a member of a constituent council of that authority. (26D) (1) This section applies to a matter which has come to the attention of a Local Commissioner if— (a) the matter came to his attention during the course of an investigation under this Part of this Act, (b) (subject to subsection (3)) the matter came to his attention— (i) before the person affected or his personal representatives had notice of the matter, or (ii) in any other case, before the end of the permitted period, and (c) it appears to the Local Commissioner that a member of the public has, or may have, suffered injustice in consequence of the matter. (2) In subsection (1)(b)(ii), “the permitted period” means the period of 12 months beginning with— (a) the day on which the person affected first had notice of the matter, or (b) if the person affected has died without having notice of the matter, the day on which the personal representatives of the person affected first had notice of the matter. (3) A Local Commissioner may disapply the requirement in subsection (1)(b) in relation to a particular matter.

(2) In section 27 of that Act (provisions relating to complaints)—

(a) for the title substitute “ Members of the public ”;

(b) in subsection (1), for the words before paragraph (a) substitute “ In this Part of this Act, “member of the public” means an individual or a body of persons, whether incorporated or not, other than— ”;

Reports and statements of reasons

175

(1) Section 30 of the Local Government Act 1974 (c. 7) (reports on investigations) is amended as follows.

(2) For subsection (1) substitute—

(1) If a Local Commissioner completes an investigation of a matter, he shall prepare a report of the results of the investigation and send a copy to each of the persons concerned (subject to subsection (1B)). (1A) A Local Commissioner may include in a report on a matter under subsection (1) any recommendations that he could include in a further report on the matter by virtue of section 31(2A) to (2BA). (1B) If, after the investigation of a matter is completed, the Local Commissioner decides— (a) that he is satisfied with action which the authority concerned have taken or propose to take, and (b) that it is not appropriate to prepare and send a copy of a report under subsection (1), he may instead prepare a statement of his reasons for the decision and send a copy to each of the persons concerned. (1C) If a Local Commissioner decides— (a) not to investigate a matter, or (b) to discontinue an investigation of a matter, he shall prepare a statement of his reasons for the decision and send a copy to each of the persons concerned. (1D) For the purposes of subsections (1) to (1C), the persons concerned are— (a) the complainant (if any), (b) any person who referred the matter under section 26C(2), (c) the authority concerned, and (d) any other authority or person who is alleged in the complaint, or who otherwise appears to the Local Commissioner, to have taken or authorised the action which is or would be the subject of the investigation.

(3) In subsection (2), for “the complaint” substitute “ a complaint about the matter ”.

(4) In subsection (2AA)(a), for “the duty imposed by subsection (1)(c) above” substitute “ the duty to send a report or statement to the Authority under subsection (1), (1B) or (1C) ”.

(5) Before subsection (3) insert—

(2B) Subsections (3) to (8) apply in the case of a report under subsection (1).

(6) In subsection (3), for “the interests of the complainant and of persons other than the complainant” substitute “ the interests of the complainant (if any) and of other persons ”.

(7) In subsection (7), for “the interests of the complainant and of persons other than the complainant” substitute “ the interests of the complainant (if any) and of other persons ”.

Power of Commissioners to make recommendations etc

176

(1) Section 31 of the Local Government Act 1974 (c. 7) (further provisions about reports on investigations) is amended as follows.

(2) For subsection (1) substitute—

(1) This section applies where a Local Commissioner reports that there has been— (a) maladministration in connection with the exercise of the authority's administrative functions, (b) a failure in a service which it was the function of an authority to provide, or (c) a failure to provide such a service.

(3) For subsection (2B) substitute—

(2B) Where the report relates to maladministration, those recommendations are recommendations with respect to action which, in the Local Commissioner's opinion, the authority concerned should take— (a) to remedy any injustice sustained by the person affected in consequence of the maladministration, and (b) to prevent injustice being caused in the future in consequence of similar maladministration in connection with the exercise of the authority's administrative functions. (2BA) Where the report relates to a failure in, or to provide, a service which it was the function of the authority to provide, those recommendations are recommendations with respect to action which, in the Local Commissioner's opinion, the authority concerned should take— (a) to remedy any injustice sustained by the person affected in consequence of the failure, and (b) to prevent injustice being caused in the future in consequence of a similar failure in, or to provide, a service which it is the function of the authority to provide.

(4) In subsection (3)(b), for “maladministration” substitute “ the maladministration or failure ”.

Publication of reports etc by Commissioners

177

After section 31A of the Local Government Act 1974 (c. 7) insert—

(31B) (1) A Local Commissioner may— (a) publish all or part of a report or statement under section 30, (b) publish all or part of a report under section 31, (c) arrange for further publication of all or part of a statement published under section 31(2D) or (2G), or (d) publish a summary of a matter which is the subject of a report or statement under section 30 or 31, if, after taking into account the public interest as well as the interests of the complainant (if any) and of other persons, he considers it appropriate to do so. (2) A Local Commissioner may— (a) supply a copy of all or part of a report, statement or summary mentioned in subsection (1) to any person who requests it, and (b) charge a reasonable fee for doing so. (3) Subsection (3) of section 30 applies to— (a) any part of a statement under section 30, and (b) any part of a summary of a matter, that is published, or a copy of which is supplied, under this section as it applies to a report prepared under section 30.

Making complaints etc electronically

178

(1) In section 32 of the Local Government Act 1974 (law of defamation and disclosure of information), after subsection (3) insert—

(3A) A notice under subsection (3) above may not be given electronically.

(2) In section 34 of that Act (interpretation of Part), after subsection (1) insert—

(1A) In this Part of this Act, except as otherwise provided, references to something being done in writing are to it being done in writing whether electronically or otherwise (and references to anything written shall be interpreted accordingly).

Disqualifications

179

(1) Schedule 4 to the Local Government Act 1974 (c. 7) (the Commission) is amended as follows.

(2) In paragraph 1(1) (disqualification for being Local Commissioner)—

(a) in paragraph (a), for “any of the authorities mentioned in section 25(1) of this Act” substitute “ any authority to which Part 3 of this Act applies ”;

(b) in paragraph (b), omit “or is a member (by co-option) of a committee of any of those authorities”.

(3) In paragraph 1(2) (restriction on Local Commissioners conducting cases), for the words from “has been a member of that authority” to the end substitute

— (a) has been a member of that authority, (b) has taken action on behalf of that authority in the exercise of any of their functions, or (c) has taken action which, by virtue of an enactment, is treated as having been taken by that authority in the exercise of any of their functions.

(4) For paragraph 2 (disqualification of Local Commissioners for appointment to paid office by authority) substitute—

(2A) A Local Commissioner shall be disqualified for being appointed to a paid office by an authority to which Part 3 of this Act applies— (a) while the categories of matter for which the Local Commissioner has responsibility pursuant to section 23(8A) include— (i) matters relating to the authority, or (ii) matters of a description which may include matters relating to the authority, and (b) for three years after the Local Commissioner ceases to have responsibility for such matters pursuant to section 23(8A).

Expenses of the Commission

180

In Schedule 4 to the Local Government Act 1974 (the Commission) for paragraphs 6 to 8 substitute—

(5A) (1) The Secretary of State must pay to the Commission in respect of each financial year such amount as he determines to be the amount required for the discharge during that year of the functions of the Commission. (2) A determination under sub-paragraph (1) must be approved by the Treasury.

Delegation

181

In Schedule 4 to the Local Government Act 1974 (c. 7) (the Commission) at the end insert—

(13) (1) Any function of a Commissioner may be discharged on the Commissioner's behalf— (a) by any person authorised by the Commissioner to do so, and (b) to the extent so authorised. (2) Sub-paragraph (1) does not affect the responsibility of the Commissioner for the discharge of the function.

Minor and consequential amendments

182

Schedule 12 (minor and consequential amendments) has effect.

Part 10 — Ethical standards

Chapter 1 — Conduct of local authority members

Codes of conduct

Conduct that may be covered by code

183

(1) In section 49 of the Local Government Act 2000 (c. 22) (principles governing conduct of members of relevant authorities), after subsection (2) insert—

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2C) An order under subsection (1) may define, for the purposes of the order— - “official capacity”; and - “criminal offence”. (2D) An order under subsection (2)— (a) may specify principles which are to apply to a person at all times; (b) may specify principles which are to apply to a person otherwise than at all times.

(2) In section 50 of that Act (model code of conduct), after subsection (4) insert—

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4C) A model code of conduct issued under subsection (1) may define for the purposes of the code— - “official capacity”; and - “criminal offence”. (4D) Provision included under subsection (4A) or (4C) in a model code of conduct— (a) must be consistent with the provision for the time being included in an order under section 49(1) by virtue of section 49(2A) or (2C); (b) is to be mandatory except to the extent that it relates to an optional provision; (c) to the extent that it relates to an optional provision, is to be mandatory where that optional provision is incorporated in a code of conduct under section 51. (4E) A model code of conduct issued under subsection (2) may include— (a) provisions which are to apply to a person at all times; (b) provisions which are to apply to a person otherwise than at all times.

(3) In section 51 of that Act (duty of relevant authorities to adopt codes of conduct), after subsection (4) insert—

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4C) The provisions which may be included under subsection (4)(c) by a relevant authority in Wales other than a police authority include— (a) provisions which are to apply to a person at all times; (b) provisions which are to apply to a person otherwise than at all times.

(4) In section 52 of that Act (duty to comply with code of conduct), in each of subsections (1) to (4), omit the words “in performing his functions”.

(5) Subsection (6) below applies where immediately before the commencement date a person is a member or co-opted member of a relevant authority and not prevented by any provision of section 52 of that Act from acting as such.

(6) The coming into force of this section shall not have the effect of preventing the person from acting as a member or co-opted member of the relevant authority, but—

(a) he must before the end of the prescribed period give to that authority a written undertaking that he will observe the authority's code of conduct for the time being; and

(b) if he fails to comply with paragraph (a), he shall cease to be a member or co-opted member at the end of that period.

(7) With effect from the commencement date—

(a) any order under section 49(2) or 50(2) of the Local Government Act 2000 (c. 22), and

(b) any code of conduct of a relevant authority ...,

which is in force immediately before that date shall have effect as if the amendments made by this section had always had effect.

(8) Subsection (7) does not affect the operation of any order or code in relation to any time before the commencement date.

(9) In this section the following expressions have the same meanings as in Part 3 of the Local Government Act 2000—

“code of conduct”;

“co-opted member”;

“member of a relevant authority”;

“relevant authority”.

(10) References in subsections (6) to (8) to the code of conduct of a relevant authority include, in relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b) of the Local Government Act 2000, those mandatory provisions.

(11) In this section—

“the commencement date” means the date this section comes into force;

“the prescribed period” means such period, beginning with the commencement date, as may be prescribed for the purposes of subsection (6) by order made by the Secretary of State.

Certain references to code of conduct to include default code

184

(1) In section 37 of the Local Government Act 2000 (c. 22) (local authority constitution), after subsection (3) insert—

(4) In relation to an authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b), the reference in subsection (1)(c) to the authority's code of conduct for the time being under section 51 is to the mandatory provisions which for the time being apply to the members and co-opted members of the authority.

(2) In section 52 of that Act (duty to comply with code of conduct), after subsection (4) insert—

(5) In relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b)— (a) the references in subsections (2) to (4) to the authority's code of conduct for the time being under section 51 include the mandatory provisions which for the time being apply to the members and co-opted members of the authority, and (b) the references in subsections (3) and (4) to any time after the authority have adopted a code of conduct under section 51 for the first time are to be read as references to any time after the coming into force of section 184 of the Local Government and Public Involvement in Health Act 2007.

(3) In section 54 of that Act (functions of standards committees), after subsection (3) insert—

(3A) In relation to a relevant authority whose members and co-opted members are subject to mandatory provisions by virtue of section 51(5)(b), references in subsection (1)(b) and (2)(b) and (c) to the authority's code of conduct are to those mandatory provisions.

Conduct of members of authorities in England: assessment of allegations

Assessment of allegations

185

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information to be provided to Standards Board by relevant authority

186

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conduct of local authority members: miscellaneous amendments

Chairmen of standards committees

187

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sub-committees of standards committees

188

(1) In section 54A of the Local Government Act 2000 (sub-committees of standards committees)—

(a) in subsection (2) omit the words “55 or”;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Joint committees of relevant authorities in England

189

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Standards Board for England: functions

190

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ethical standards officers: investigations and findings

191

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ethical standards officers: reports etc

192

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disclosure by monitoring officers of ethical standards officers' reports

193

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Matters referred to monitoring officers

194

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In section 73 of that Act (matters referred to monitoring officers in Wales), in each of subsections (1) and (7), for “70(4) or 71(2)” substitute “ 70(4) or (5) or 71(2) or (4) ”.

(9) In section 82A(1) of that Act (delegation of functions by monitoring officers), for the words from “60(2)” to “71(2)” substitute “ 57A, 60(2) or (3), 64(2) or (4), 70(4) or (5) or 71(2) or (4) ”.

References to Adjudication Panel for action in respect of misconduct

195

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consultation with ombudsmen

196

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interim case tribunals

197

(1) Section 78 of the Local Government Act 2000 (c. 22) (decisions of interim case tribunals) is amended as follows.

(2) In subsection (1)(b) for “authority concerned” substitute “ relevant authority concerned ”.

(3) For subsections (2) and (3) substitute—

(2) If the decision of the interim case tribunal is as mentioned in subsection (1)(a), the tribunal must give notice of its decision to the standards committee of the relevant authority concerned. (3) If the decision of the interim case tribunal is as mentioned in subsection (1)(b), the tribunal must give notice to the standards committee of the relevant authority concerned stating that the person concerned is suspended or partially suspended for the period, and in the way, that the tribunal has decided. (3A) The effect of a notice given under subsection (3) is to suspend or partially suspend the person concerned as mentioned in subsection (3).

(4) In subsection (6) for “under section 79 is given” substitute “ is given by virtue of section 78A or 79 ”.

(5) For subsection (8) substitute—

(8) Where the person concerned is no longer a member or co-opted member of the relevant authority concerned, but is a member or co-opted member of another relevant authority— (a) the references in subsection (1) to the relevant authority concerned are to be treated as references to that other authority, (b) the references in subsections (2) and (7)(b) to the relevant authority concerned are to be treated as including a reference to that other relevant authority, (c) the duty under subsection (3) to give notice to the standards committee of the relevant authority concerned is to be treated as a duty— (i) to give that notice to the standards committee of that other relevant authority, and (ii) to give a copy of that notice to the standards committee of the relevant authority concerned. (8A) Subsection (8) does not apply unless— (a) where the relevant authority concerned is in England, the other relevant authority is also in England, (b) where the relevant authority concerned is in Wales, the other relevant authority is also in Wales.

(6) After subsection (10) insert—

(11) An appeal may not be brought under subsection (10) except with the leave of the High Court.

Case tribunals: England

198

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Case tribunals: Wales

199

(1) Section 79 of the Local Government Act 2000 (c. 22) (decisions of case tribunals) is amended as follows.

(2) For the sidenote substitute “ Decisions of case tribunals: Wales ”.

(3) Before subsection (1) insert—

(A1) In this section “Welsh case tribunal” means a case tribunal drawn from the Adjudication Panel for Wales.

(4) In subsections (1) to (15) for “case tribunal”, in each place where it occurs, substitute “ Welsh case tribunal ”.

(5) In subsection (8)(c) for “must be suspended or partially suspended by the relevant authority concerned” substitute “ is suspended or partially suspended ”.

(6) For subsection (9) substitute—

(9) The effect of a notice given to the standards committee of a relevant authority under subsection (8) is to suspend or partially suspend the person concerned as mentioned in subsection (8)(c).

(7) In subsection (12), for paragraph (a) substitute—

(a) must be given to the Public Services Ombudsman for Wales,

(8) In subsection (13)—

(a) for “the same country (that is to say, England or Wales)” substitute “ Wales ”;

(b) for paragraph (b) substitute—

(b) the reference in subsection (4)(a) to the relevant authority concerned is to be treated as a reference to that other relevant authority,

(9) After subsection (15) insert—

(16) An appeal may not be brought under subsection (15) except with the leave of the High Court.

Exemption from Data Protection Act 1998

200

In section 31 of the Data Protection Act 1998 (c. 29) (exemptions for regulatory activity), after subsection (6) insert—

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Local Government and Public Involvement in Health Act 2007

Overview and scrutiny committees of district councils: local improvement targets

124

Guidance

125

Reference of local crime and disorder matters to crime and disorder committees etc

126

Overview and scrutiny committees: consequential amendments

127

Transitional provision

128

Part 6 — Byelaws

Alternative procedure for byelaws

129

Fixed penalties for breach of byelaws

130

Use of fixed penalty receipts

131

Guidance

132

Community support officers etc

133

Revocation of byelaws

134

Further amendments relating to byelaws

135

Part 7 — Best value

Best value authorities

Parish councils and community councils etc not to be best value authorities

136

Duties of best value authorities

Guidance about general best value duty

137

Involvement of local representatives

138

Abolition of performance indicators etc except for Welsh authorities

139

Abolition of best value performance reviews

140

Powers to modify enactments etc

Consultation with and consent of Welsh Ministers

141

Power of Welsh Ministers to modify enactments obstructing best value etc

142

Other

Grants to promote or facilitate exercise of functions by best value authorities

143

Best value: minor and consequential amendments

144

Part 8 — Local services: inspection and audit

Chapter 1 — Constitution of the Audit Commission

Membership

145

Change of name

146

Chapter 2 — Audit Commission and auditors: functions and procedure

Benefits inspections

Powers of the Audit Commission relating to benefits

147

Benefit Fraud Inspectorate: transfers to the Audit Commission

148

Interaction with other authorities

Interaction of the Audit Commission with other authorities

149

Interaction of benefits inspectors with the Audit Commission

150

Inspections and audit

Powers of auditors and inspectors to obtain information

151

Inspections of best value authorities

152

Studies and reports etc

National studies

153

Studies at request of particular bodies

154

Registered social landlords

155

Information about performance standards of local authorities etc

156